Common use of CHANGE ORDER REQUIRED Clause in Contracts

CHANGE ORDER REQUIRED. No change in the Work shall be the basis of an addition to the Contract Sum or a change in the Contract Time unless and until such change has been specifically authorized by a Change Order executed and issued in accordance with the Contract Documents. Changes in the Work may be made without notice to Construction Manager's sureties, and absence of such notice shall not relieve such sureties of any of their obligations to Owner. 7.4.1 If a change in the Work is to be ordered, a preliminary request ("'Change Order Request"') shall be issued by Development Manager to Construction Manager describing the change and requesting the submission of a Change Order. Subject to the provisions of the Disbursement Agreement, when time does not permit the processing of a Change Order in advance of commencing the change in the Work, upon receipt of a written authorization from Development Manager, Construction Manager shall proceed with a change in the Work and Construction Manager shall concurrently proceed with submission of a Change Order. Such written authorization shall constitute a commitment by Owner and Development Manager to subsequently issue a Change Order providing for an addition to the Contract Time to complete the Work and/or an increase in the Contract Sum 7.4.2 Within three (3) days of its receipt of a Change Order Request, Construction Manager shall provide a preliminary estimate of any change in the Cost of the Work or Contract Time associated with the change described in the Change Order Request. Within ten (10) days following receipt of a Change Order Request, Construction Manager shall submit a Change Order Request to Development Manager together with the revised or new documents which, if approved by Owner, will become part of the Contract Documents setting forth any adjustment in the Cost of the Work or the Contract Time, and including an itemization of all costs of material and labor with extensions listing quantities and total costs, and a substantiation of any Claim for an extension of the Contract Time. If no Change Order request is submitted by Construction Manager within such period, it shall be conclusively presumed that the change described in the Change Order Request does not call for any Work that results in an increase in the Cost of the Work or the Contract Time, and such change shall be performed by Construction Manager without any such increase. If Construction Manager is unable to submit the above information within the time limit it shall notify Development Manager in writing, setting forth for Development Manager's approval a date by which Construction Manager will submit the information as well as schedule for the performance of the Work for which a Change Order will be forthcoming. 7.4.3 If Development Manager accepts a Change Order submitted by Construction Manager, upon execution by Owner the Cost of the Work and the Contract Time shall be adjusted as provided in the Change Order. 7.4.4 Nothing contained herein shall limit the right of the Development Manager to order changes in Work by Change Orders that have not been signed by Construction Manager, and Construction Manager shall promptly perform all Work required under the Contract Documents or a Change Order. Any disputes as to the amount of change to the Contract Time or the Contract Amount with respect to a Change Order which is not executed by Construction Manager shall be resolved in the manner set forth in the Agreement.